FEDERAL NEGARIT GAZETTE '/ y"1 IJr.mo}· 4r-rc hIS." hflll fm;JII.·l· XX +., !/IT.X 'un Uh.'}V· k,r .. ,..'P. .r;. /'1"111\", f ;"1111 '''a,I,V'1' yutll: 0':,. faJlII 20'h Year No. 30 ADDIS ABABA 26,hMarch 2014 ...,m-1 cfI'PC 11.9" f<f:?" h'}flcH· '"111.(1,')' hlJ''; ......... 1K' ll"."" A111it-r "?11f.-r f(JJtfJ WP;J f<f:?" h'}flcH· M,1C ftCD-6J." 'my fl,,.cf>"m&. "''1.:1" ftDlle}>ll1 fDll.Yfl"{·A Hoo't·'e f<f:?" h'}flcH· '"111.(1.')' PCt},)· ooHC ;J')' If'i' 0001"'i'1: 1 f<f:?" h'}flcH· '"111.(1.')' fl(JJe}>:1"'f ool)f f,,.f..1&.:- cf>AtfJ1. h't· (JJ(JJ. flDllf..·l'"l J,Cfl.CD- i Y .. CD- :- h 't. h'"ll1.(1.'1: ,,.1fl.CD-') fDll.Y1"'i·fl')·'} PCt},)· ootIC;J')' hfl&A1. If'i' fl001"'i'1: 1 flh')'f-A'Y quh&·(tY'f /, Tl1ft.h ih1 oo'}'"Ifl')' :W(h) ooU'l')' fDll.h·,·ftOJ· :r CD- :{ t.\ : : I. I. h."..C Cilia .(1.U "f<f:?" h'}flcH· '"111.(1.')' htp'f: ,,.l1ft<- ft.mcf>fl .(1. "{'''A:: -rC=JD'f. flH. U f :Pft· fl." ')'C1'?" fDll.YflmCD- J,A Ofl·,'cf>C:- M "f<f:?" h'}flll" DlIft·)· f hl1')"}:- fl'"l'} i t.\.} :- '"I oot.\·} h't' DlI. f<f:9" h·}fl... 11ft.. fDll.fI.(1.DlI1-CD-'} fl.ft<-"{. h ·}fl ... ·)· .(1.t;).),?" &-t.\ i !/./ "f<f:9" h·}fl ... ·)· '"111.(1,')'" DlI"')' f<f:?" h·}fl ... ·)· 7iy6J."'}:- '"I1('}:- fh·}fl ... ·)· DlIf..·"O.Y DlIh&·t'·)··} h't' fI."""{' ·1'00 ...... .(1. f'"ll1.(1,·)· ·'·'"I11&··)··} t'DlI.fJ,·) .. )· 'I.f.·)· i tp;J Unit price 5.40 CONTENTS Proclamation No. 819/2014 Live Animals Marketing Proclamation ......... Page 7361 _ PROCLAMATION No. 819/2014 A PROCLAMATION TO PRQYIDE fOR LlYE ANIMALS MARKETING WHEREAS, it has become necessary to put in place a modern and efficient market structure that enables to supply live animals, competitive in quality and price, to domestic and export markets; WHEREAS, it has become necessary to develop efficient and cost effective live animals market structure supported, by up-to-date infonnation and yields proper benefit to live animal breeders, traders, consumers and the country; NOW, THEREFORE, In accordance with " Article 55( I) of the Constitution of the Federal .Democratic Republic of Ethiopia it is hereby proclaimed as follows: PART ONE GENERAL 1. Short Title This Proclamation may be cited as the "Live Animals Marketing Proclamation No. 81912014". 2. Definitions In this Proclamation unless the context requires otherwise: 11 21 "live animal" includes cattle, sheep, goat, camel and other animals to be designated as such by the Ministry; "live animals marketing" means a process that includes selling, buying and transporting of live animals, feedlot letting and other marketing related activities; 'l;J/,')' ;JH.tfJ T.pt.<f:. ifi'i.1i Negarit Gazeta P.O.Box 80,001 www.chilot.me
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FEDERAL NEGARIT GAZETTE - Ethiopian Legal Brief · Federal Negarit Gazette No. 30 26th March 2014 ..... page 7362 3/ "first level or second level live animals market center" means
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A PROCLAMATION TO PRQYIDE fOR LlYE ANIMALS MARKETING
WHEREAS, it has become necessary to put in place a modern and efficient market structure that enables to supply live animals, competitive in quality and price, to domestic and export markets;
WHEREAS, it has become necessary to develop efficient and cost effective live animals market structure supported, by up-to-date infonnation and yields proper benefit to live animal breeders, traders, consumers and the country;
NOW, THEREFORE, In accordance with " Article 55( I) of the Constitution of the Federal .Democratic Republic of Ethiopia it is hereby proclaimed as follows:
PART ONE
GENERAL
1. Short Title
This Proclamation may be cited as the "Live Animals Marketing Proclamation No. 81912014".
2. Definitions
In this Proclamation unless the context requires otherwise:
11
21
"live animal" includes cattle, sheep, goat, camel and other animals to be designated as such by the Ministry;
"live animals marketing" means a process that includes selling, buying and transporting of live animals, feedlot letting and other marketing related activities;
'l;J/,')' ;JH.tfJ T.pt.<f:. ifi'i.1i Negarit Gazeta P.O.Box 80,001
',"?llfl ll"OJ- hIlA f·,,('af 00 1"A''';;: ('aOJ- ., OJ- i
Federal Negarit Gazette No. 30 26th March 2014 .... .... . .... page 7362
3/ "first level or second level live animals market center" means a place designated by the appropriate organ for marketing of live animals In accordance with this
Proclamation;
4/ "market actors" include breeders, feedlot operators, exporters, abattoirs, butchers, cooperative societies and consumers participating in live animals marketing;
5/ "breeder" means any person raising animals;
6/ "feedlot operator" means a person who. buys live animals from first level live animals
market centers and fatten them for 4 months and supplies to second level live animals
market centers;
7/ "exporter" means a person exporting live animals or meat and meat products;
8/ "abattoir" means a person that slaughters live animals and prepares and processes meat and meat products to supply for market or that provides slaughter house service to butchers and consumers;
9/ "butcher" means a person that supplies meat
to consumers;
10/ "cooperative society" shall have the meaning given to it by the relevant law governing cooperative societies;
III "consumer" means an individual who buys live animals or meat for household consumption and includes any person who prepares and sells or otherwise suppl ies food to clients;
12/ "auction" means a marketing modality by
which price is determined and transfer of ownership is effected through transparent bidding under the direction of an auctioneer
in the presence of sellers and buyers;
13/ "auctioneer" means a person designated by the appropriate organ to conduct auctions independently;
Federal Negarit Gazette No. 30 26th March 2014 ............. page 7363
14/ "dealing" means a marketing modality by
which price is determined and transfer of
ownership is effect~d through negotiation
between seHer and buyer;
15/ "transporting" means trekking or
transporting of live animals from one place to another;
16/ "transporting pennit" means a pennit issued
by the appropriate organ to transport live
animals from breeding or fattening station
or from live animals market center to
subsequent destination;
17/ "animal identification" means a system put in place to identify live animals by ear tags
or other means of identification while
transporting them;
18/ "quarantine station" means a separate enclosed place used to segregate live
animals and prevent them from direct or
indirect contact with other animals for a limited period to follow up their state of
health and, as may be necessary, to
administer vaccination or treatment;
19/ "force majeure" includes, without prejudice to the definition given to it in the Civil Code, an outbreak of animal disease in the country, embargo imposed by buyer countries and other similar situations;
20/ "misleading act" means any act misleading
or deceiving market actors or government body in the marketing process of live
animals;
211 "certificate of competence" means a certificate issued by the relevant sectoral
government institution to a person who
fulfills the requirements to engage in the
business of marketing of live animals as stipulated under the relevant provisions of the Commercial Registration and Business
The organization and administration of first level live animals market centers shall be determined in accordance with the directive to be issued by the Ministry.
Marketing pf live animals at first level live animals market centers shall be carried out:
a) among breeders; or
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I.
i\) 7i"l'" fllr.,~ nCO.SJll- 'h'1 b) between breeders, as sellers, and 11CSJI""'- Olf"~ fU-fI~'}- PIr cooperative societies, feedlot 6WiUOIr-l- i n.('''O.SJI:t- i "h.SJI:t- i operators, exporters, abattoirs,
4:IrJP""": ~ .... ")~ 0.1'-""'-'1 butchers and consumers, as buyers. i1D'1:r:...,.- ootlhA i
animals market centers shall be determined on the basis of thei r weight and with
reference to their breed, age and physical
state.
51 Any person, except consumers, breeders and
cooperative societies, participating at first
level live animals market centers shall have
valid business license.
61 Animals not sold at a first level Jive animals market center shall be returned back to
where they came from.
Second Level Live Animals Market Centers
II The organization and administration of
second level live animals market centers shall be determined in accordance with the
directive to be issued by the Ministry.
21 Marketing of animals at second level live
animals market centers shall be carried out between:
a)
b)
c)
breeders, as sellers, and exporters,
abattoirs, butchers and consumers, as
buyers;
feedlot operators, as sellers, and
exporters, abattoirs, butchers and consumers, as buyers;
cooperative societies, as sellers, and
exporters, abattoirs, butchers and
consumers, as buyers.
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I.
rl (1).( II-"'I'~ '(l)f r"7f1f.'}- DlI6h"'}- 31 Live animals to be supplied to second level rDll."'Cfl- r4:?" 'h')llll'}- r'("fl- live animals market centers shall be fattened noff1 h"IlT(J)-:: live animals.
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hI . fl1lCf i flP;I' (l)f.'r fl'h.('lI'1 rDll_"ff. reftr 'h1111l'}- flh1.(' "f. flDll f • .,."."ft.fl.)· ,'-'1.;1' no:}:}11 h"IlT(J)-::
41
51
61
Marketing of live animals at second level live animals market centers shall be carried out through dealings or auctions.
The prices of live animals at second level live animals market centers shall be determined on the basis of their weight and with reference to their breed, age and physical state.
Any market actor supplying live animals to
a second level live animals market center
shall supply the animals with:
a) the identification tags given to the
animals;
b) the animals health certificate; and •
c) a document showing ownership;
and, upon conclusion of sale, deliver the
animals to the buyer with such documents.
Live Animals Health Control
1 I The health of live animals marketed at a first level live animals market center shall be checked by a veterinarian of the market center and be given identification tags.
21 Pre-marketing health check shall be conducted on live animals at a market center in accordance with the directive to be issued by the Ministry of Agriculture before purchasing and transporting them to the subsequent destination.
31 The appropriate organ shall cause the taking of proper subsequent measure on live animals supplied to a market center and found with symptoms of disease during health check.
41 Live ' animals destined for export shall be given animal health certificate after following up their health condition at a quarantine station that meets the required standard.
Federal Negarit Gazette No. 30 26th March 2014 ... .... ...... page 7367
2/ Conditions of transportation of live animals, prohibition of trekking of live animals beyond certain distance and prohibition of trekking of live animals through major cities shall be prescribed by directive to be issued by the Ministry.
PART THREE
RIGHTS AND OBLIGATIONS OF MARKET ACTORS
9, Rights and Obli&ations of Breeders
1/ Any breeder shall have the right to sell live animals raised by him at first or second level live animals market center or to export them directly.
2/ Any live animal breeder shall have the obligations to:
a) sale his live animals only at live animals market centers and ·. effect delivery at places determined by the appropriate organ if he decides to sale for domestic market;
b) possess live animals health certificate, transporting permit and identification tags to supply fattened animals to a second level live animals market center and deliver such documents to buyers during transfer of ownership;
c) respect and implement decisions of the appropriate organ with respect to
live animals supplied to a live animals market center and found with symptoms of disease; and
d) present live animals destined for export to a quarantine station and obtain animal health certificate.
10. Rights and Obligations of Feedlot Operators
1/ Notwithstanding sub-article (2) (b) of this Article, a feedlot operator having his own butchery shall have the right to slaughter the live animals without being required to supply them to a second level market center.
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Federal Negarit Gazette No. 30 26th March 2014 ............. page 7368
21 Any feedlot operator sha1l have the obligation to:
a) have his own or rented feedlot station satisfYing the required criterion and obtain certificate of competence and business license;
b) supply his fattened live animals only to second level live animals market centers and effect delivery at places determined by the appropriate organ;
c) possess live animals health certificate, transporting permit and identification tags to supply the animals to a live animals market center and deliver such documents to buyers during transfer of ownership;
d) respect and implement ~ecisions of the appropriate organ with respect to live animals suppl ied to a live animals market 'center and found with symptoms of disease;
e) record the daily live animals purchase and sales volume in quantity and value, and furnish such information to the appropriate ~ organ when requested;
t) respect the provisions of this Proclamation and regulations and directives issued hereunder.
31 The provisions of sub-article (2Xa) of this Article shall also be applicable with respect to feedlorletting services.
11. Obligations of Exporters
Any exporter shall have the obligation:
II if he exports live animals, to have his own or rented feedlot ~tation or transit bam satisfying the requirements and obtain certificate of competence and export business license;
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II
PI
po' ;JCj Y J»;J (J)om.'}- YD'l.£\h /l.lf'} oolll.C'I:1 fD'l.II1j" Y t.fl. mf,VO Y1-ht.Y(J)o Yh.hllTC'}· ctk 'j'C:'}' Yl1.4"}- D'll;J'161il. YVOllhC ml..,,-}-Cj Y"h.~-}· -}.,~- /' • .4'~- YD'l(J)off)-}'1
satisfying the requirements and obtain certificat~ of competence and export
business license;
to purchase live animals only from live
animals market centers and take delivery of them at places determined by the appropriate organ;
to purchase live animals in compliance with pre-purchase health and quality control
directive issued by the Ministry of
Agricu Iture;
to present live animals destined for export to quarantine station and obtain animal health certificate;
to possess Hve animals health certificate and transporting pennit to transport live animals from feedlot and quarantine stations' to port and show such documents to the appropriate organ when requested;
unless there is special authorization by the appropriate organ, to export only those live animals destined for export in accordance with the provisions of this Proclamation and regulations and directives issued hereunder;
in the absence of force majeure, not to sell at domestic market live animals destined for export;
to record the daily live animals purchase
and export sales volume in quantity and value, and furnish such infonnation to the
appropriate organ when requested;
to conclude export sale contract showing the
correct sales price and register the contract with the National Bank of Ethiopia in not
more than 72 hours after the conclusion of
the contract and notify same to the Ministry and other concerned bodies within 5
working days;
III to execute the export sales contract entered
with a buyer within the agreed time unless
an extension of time has been authorized by the National Bank of Ethiopian on
justifiable grounds;
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1R' ~;rj~fr.- J.,u-/:\ ~:MT ;JrLllI cfr1'C 0 OD.7fl.'}-XX .,.., KiU fU" Federal Negarit Gazette No. 30 26th March 2014 ............. page 7370
11.
Ir.
nu r"1~-1;1 r¢9" h1ill\""C,' r P ;Jc,' r P;J lINlkf·:r· r(l)-~ 1flf ooAII9" il9" ft.f1~·lj~ hOlJ. :r'A hOlJ-)~(I)-9"
seize live animals being transported or marketed illegally; sell them through auction at first or second level live animals market center, as the case may be, arid deposit the proceeds thereof in a blocked bank account; transfer to the government when decision of confiscation is given pursuant to Article 17 of this Proclamation;
submit proposal to the government on the rate of commission to be paid to informers of illegal live animals marketing activities and implement same upon approval;
10/ charge fees for the services it renders in accordance with the rate approved by the government.
16. Duty to Cooperate
Every person shall have the obligation to cooperate with the Ministry and the appropriate organ in the implementation of this Proclamation, regulations
and directives to' be issued hereunder.
17. Pena Ities
II
2/
3/
Any person who sales or supplies for sale or buys live animals at a place other than a market center shall be confiscated the animals provided, however, that if it is conducted by a person other than a person who buys for domestic consumption or who sales live animals raised by him, it shall, in addition, be punishable with simple imprisonment not exceeding two years and with fine not exceeding Birr 30, 000.
Any person who transfers his business license to third party or harbors or creates conducive condition for foreigners to engage in the business of marketing live animals shall, in addition to the confiscation of the live animals, be punishable with simple imprisonment not exceeding five years and with fine not exceeding Birr 150,000.
Any person, except breeders, who engages in marketing of live animals with the same category of market actor shall, in addition to the confiscation of the live animals, be punishable with simple imprisonment not exceeding one year and with fine not exceeding Birr 15,000 .
h ".t\ .}. 'lou·}· 1lD'f f,IlA l' .,.I\A hilt. .}. h 'J' hilC c11it 1lD'f f,IlA l' 00.,. (lil> f,.,.ir)A : :
4/ Any person who supplies to export market live animals which have not completed their quarantine time shall be punishable with simple imprisonment not exceeding five years and with fine not exceeding Birr 150,000.
5/ Any foreigner who, except supplying live animals raised at his own breeding station to market centers or directly exporting them, engages in the business of marketing live animals shall be punishable with simple imprisonment not exceeding six months and with fine not exceeding Birr 50,000 and thereafter shall be deported.
6/ Any person who commits a misleading act in the process of marketing live animals shall be /' punishable with simple imprisonment not exceeding four years and with fine not exceeding Birr 60,000.
7/ Any person who treks or causes the trekking , of live animals III a city prohibited III
accordance with the directive issued by the Ministry shall, III addition to the confiscation of the live animals, be punishable with simple imprisonment not exceeding six months and with fine not exceeding Birr 5,000.
8/ Any person who treks or causes the trekking of live anima1s beyond the permitted distance from market center or breeding or feedlot station to the next destination shall be punishable with simple imprisonment not exceeding six month and with fine not exceeding Birr 5,000.
9/ Any person, other than a person who buys for domestic consumption, who transports live animals from market center or breeding or feedlot station to the next destination without having a transporting permit or through a rout other than that specified in the transporting permit shall be punishable with simple imprisonment not exceeding one year and with fine not exceeding Birr 15,000.
10/ Any transporter who transports illegally
marketed I ive animals shall be punishable
with simple imprisonment not exceeding
two years and with fine not exceeding Birr
30,000.
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III Any person who demands additional payment or hinders the movement of live animals being transported from market centers or breeding or feedlot stations to the next · destination shall be punishable with simple imprisonment not exceeding one year and with fine not exceeding Birr 15,000.
121 Any person who commits any other offence in violation of the provisions of this Proclamation or regulations or directives issued hereunder shall be punishable with simple imprisonment not exceeding six months and with fine not exceeding Birr 5,000.
131 A legal person which participates In the
commission of offence under this Article as
provided in Article 34 of the Criminal Code
shall be punishable in accordance with
Article 90 of the Code.
18. Power to Issue Regulation and Direc'tive
1 I The Council of Ministers may Issue
the
21
regulations necessary for
implementation of this Proclamation.
The Ministry may issue directives necessary
for implementation of this Proclamation and
regulations issued pursuant to sub-article (1 )
of this Article.
19. Effective Date
This Proclamation shall enter into force on the date of publication in the Federal Negarit Gazette.